PHMSA Response Letter

---

Ms. Linda Wenger
Distribution Compliance Coordinator
Hach Company
100 Dayton Avenue
Ames, IA 50010

Ref. No. 08-0168

Dear Ms. Wenger:

Our May 28, 1993 letter responded to a request by your company for clarification on the use of the International Civil Aviation Organization Technical Instructions (ICAO TI) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, we responded that hazardous materials transported in accordance with ICAO TI, as authorized by § 171.11, in motor vehicles prior to or after transport by aircraft may be segregated in accordance with ICAO TI or Part 177 of the HMR. The guidance is incorrect and therefore, we are retracting our letter and issuing this correction.

Hazardous materials prepared in accordance with ICAO TI and transported in motor vehicles prior to or after transport by aircraft must conform to the highway segregation requirements of Part 177, Carriage by Public Highway. PHMSA revised and consolidated requirements authorizing the use of international standards and regulations in a final rule under Docket HM-215F (72 FR 25161; May 3, 2007). Among the revisions of the rulemaking, we added language for the use of the ICAO TI clarifying the applicability of Part 177. Section 171.22 authorizes the offering for transport or transportation of hazardous materials in commerce to, from, or within the United States in accordance with international standards and regulations, including the ICAO TI. Section 171.24 provides additional requirements for the use of ICAO TI including requirements for highway transportation. Specifically, § 171.24(c) requires shipments transported by highway prior to or after transportation by aircraft to conform to the applicable requirements of Part 177.

I hope this information is helpful.

Sincerely,

Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards

171.11, 171.22, 171.24(c), Part 177.